Case Note & Summary
The writ petition before the Nagpur Bench of the Bombay High Court arose from a demolition order dated 10.01.2013 passed by the Divisional Officer (West) of the Nagpur Improvement Trust directing demolition of two houses belonging to the petitioners. The petitioners also sought quashing of an appellate order dated 14.02.2018 passed under the Right to Information Act, 2005. The petitioner no.1 claimed to have purchased one house on 24.11.2009 and was in possession for over 20 years. On 02.04.2018, a notice under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 was issued alleging unauthorized construction. Petitioners replied on 20.04.2018 and thereafter submitted documents on 17.12.2020. On 16.02.2023, a demolition squad attempted forcible demolition, but petitioners were made to sign a letter staying action for eight days and pay Rs. 25,000 each as demolition charges. Petitioners contended their construction was in Khasra No. 121, not Khasra No. 120 as alleged, and that the planning authority at the relevant time was Nagpur Municipal Corporation, not Nagpur Improvement Trust. The High Court on 27.02.2023 directed status quo and issued notice. Respondents argued that the land was in Khasra No. 120, that NIT was the planning authority after government resolution dated 09.04.2021, and that petitioners failed to regularize unauthorized construction. The judgment text is incomplete and does not contain the final decision or ratio decidendi.
Headnote
A) Municipal Law - Unauthorized Construction - Demolition Order - Maharashtra Regional and Town Planning Act, 1966 - Section 53 - Petition challenged order dated 10.01.2013 directing demolition of houses without prior notice or hearing; court earlier directed status quo on 27.02.2023; respondents claimed notice under Section 53 was issued on 02.04.2018 and petitioners failed to regularize; Held that status quo order maintained pending final adjudication (Paras 2-4,7-8). B) Administrative Law - Natural Justice - Notice and Hearing - Maharashtra Regional and Town Planning Act, 1966 - Section 53 - Petitioners alleged no complaints were supplied and no opportunity of hearing was afforded before demolition order; respondents claimed notice issued and opportunity to produce documents given; issue of natural justice remained contested before court (Paras 4-7). C) Right to Information - Appellate Authority Order - Non-Party Challenge - Right to Information Act, 2005 - Petitioners challenged order dated 14.02.2018 passed by appellate authority under RTI Act as they were never party to the proceeding; question of whether such order could direct demolition against non-parties was raised (Paras 2,6-7). D) Property Law - Land Identification - Khasra Number Dispute - Maharashtra Regional and Town Planning Act, 1966 - Petitioners claimed construction in Khasra No. 121 while respondents claimed Khasra No. 120; planning authority status changed by government resolutions dated 27.08.2019 and 09.04.2021; dispute over correct khasra number and planning authority jurisdiction remained unresolved (Paras 4-5,8).
Issue of Consideration
Whether respondent no. 2 had jurisdiction to pass demolition order dated 10.01.2013; whether order dated 14.02.2018 passed by appellate authority under Right to Information Act is valid against non-parties; whether principles of natural justice were violated; whether construction falls under Khasra No. 120 or 121 and which planning authority had jurisdiction.
Law Points
- Section 53 of Maharashtra Regional and Town Planning Act
- 1966 requires notice by planning authority before action against unauthorized construction
- person served notice entitled to file regularization application
- order passed under Right to Information Act cannot bind non-parties
- principles of natural justice require supply of complaints and opportunity of hearing
- planning authority status for area determined by government resolutions.
